Ask the ExpertCategory: QuestionsModified Work Arrangement and Overtime
hri_Admin Staff asked 2 years ago

We currently have a Modified Work Arrangement with our employees that allows us to average 160 hours over 4 weeks and work up to 12 hours per day without paying overtime. As we are a construction company who works outside, during the winter we typically only schedule an 8 hour day rather than the 12 that we are permitted under the arrangement. My question is, when we are scheduling the 8 hour time blocks, are we required to pay overtime after 8 hours in a day if the average hours over the 4 weeks is still met or only after 12 hours per day as is indicated in our arrangement?

2 Answers
Glenn Demby Staff answered 2 years ago

Let me run this one by our payroll expert, Alan McEwan. I assume you’re NOT federally regulated, i.e., that you’re subject to Sask Employment Act, rather than Canada Labour Code. If this is wrong, please email me right away at glennd@bongarde.com, since this will affect the answer. Thanks.

Patti McCullough replied 2 years ago

No, we are not federally regulated.

Glenn Demby Staff answered 2 years ago

Sorry for the delay, but Alan clarified that the payment obligations are dictated by the terms of the Modified Work Arrangement. So follow those provisions. Hope that helps. Glenn

Patti McCullough replied 2 years ago

So when you say “dictated by the terms of the MWA”, that means that we don’t pay overtime until after 12 hours as long as the employee doesn’t work more than 160 hours in a 4 week period?